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What else can I help you with?
How can you see the Will of your deceased father- in - law?
If the estate has been filed for probate you can go to the probate court and read the will. Once a will is filed for probate it becomes a public record. You can even get a copy to keep for your records.
How long after the death does the executor have to settle the estate in wi?
In Wisconsin, there is no specific deadline for settling an estate after someone's death. However, the executor should work diligently to handle the estate in a timely manner and follow any guidelines set forth in the will or by state law. It's advisable to keep beneficiaries informed of the progress to avoid unnecessary delays or disputes.
Can an executor find ways to keep one of his sibling from receiving an inheritance as outlined in the will by directing executor fees toward that sibling's allotment or other methods?
No. An executor cannot take his fees from one beneficiary's share of the estate. He must follow the instructions in the will. He must perform his duties honestly and according to the law. The debts and costs of probating the estate come out of the assets first. If there is not enough left to pay the full amount of the legacies then they must be pro-rated equally. The executor cannot discriminate against one beneficiary.
If you are a beneficiary to a deceased parents estate and your sister is executor is there a way she can keep your portion from you?
No. She is legally bound to follow what the will says. If, however you are a minor - she may put your share in a trust until you are of legal age. She cannot keep it for herself or give it to anyone else.
My sister was appointed as executor of my mother's will and has not executed the requests. It has been 3 years since she passed. I am second executor on the will. What can I do to enforce the will?
Your mother's will should be probated. The court will decide if the will is valid and then will appoint the executor. Since your sister is the named executor the court will want either to appoint her or will want her to decline to be appointed in writing. You can then petition to be appointed. Once the will has been allowed and the executor has been appointed the distribution of the property must be carried out according to the law, to the provisions of the will and in a timely manner. Creditors will have an opportunity to make a claim. If your mother owned any real estate her estate MUST be probated in order for title to pass to her heirs. If she had bank accounts in her name alone the executor will be given authority by the court to close the accounts and distribute the proceeds. If your mother owned any such property you should seek the advice of an attorney.
If someone lives in mothers house and she dies can they be evicted from property?
The executor can have them leave or ask them to pay rent. It is their responsibility to keep the estate intact.
Executor owed the deceased money but he indicated that deceased had told him he could keep any outstanding balance owing upon death does he have right to keep the money instead of returning to estate?
The executor is responsible for collecting all debts owed to the estate. If the deceased did not write such intentions down it must be assumed that the debt is still owed. If the Executor is the one making false claims, other benificiaries may want to consult with a lawyer, especially if the estate is substantial.
Can an executor who inherits the decedent's house use assets from bank and brokerage accounts left jointly to himself and other heirs to pay debts solely related to the house?
No. The other heirs would have a cause of action against the executor for self dealing. He should seek a legal opinion from the attorney who is handling the estate before spending estate funds to benefit himself. He may be required to sell the house, pay the outstanding debts relating to it and then keep the net proceeds. Or, he could pay the house debts himself if he wants to keep the property.No. The other heirs would have a cause of action against the executor for self dealing. He should seek a legal opinion from the attorney who is handling the estate before spending estate funds to benefit himself. He may be required to sell the house, pay the outstanding debts relating to it and then keep the net proceeds. Or, he could pay the house debts himself if he wants to keep the property.No. The other heirs would have a cause of action against the executor for self dealing. He should seek a legal opinion from the attorney who is handling the estate before spending estate funds to benefit himself. He may be required to sell the house, pay the outstanding debts relating to it and then keep the net proceeds. Or, he could pay the house debts himself if he wants to keep the property.No. The other heirs would have a cause of action against the executor for self dealing. He should seek a legal opinion from the attorney who is handling the estate before spending estate funds to benefit himself. He may be required to sell the house, pay the outstanding debts relating to it and then keep the net proceeds. Or, he could pay the house debts himself if he wants to keep the property.
Is an executor obligated to keep heirs informed of court proceedings of estate?
An executor is obligated to keep heirs informed of court proceedings of an estate. Information should be sent by first class mail or certified return receipt for proof of notification.
Can you keep a probate estate open for a few years to take advantage of high CD rates?
If it is to the benefit of the estate, yes. The executor has a responsibility to maximize the estate.
Can the estate executor who is one of the beneficiaries decide to keep a property when the other beneficiary doesnt want to own it?
Sure, but the other person doesn't have to keep it and can sell their share either to the executor or to a third party.
What do lawyers get out of the will?
Lawyers typically get paid an hourly fee for helping an executor with a will. If they are the executor of the will, they will record their hours and bill the estate for them. In this case it is to their benefit to keep the estate open as long as possible. But all fees have to be approved by the court, so they have to be reasonable.
In Connecticut can an executor sell real estate to a third party when the sole heir of the real estate has requested to either re-mortgage it or buy it?
In Connecticut, title to real estate passes to the devisees or heirs upon the death of the owner. However, there may be circumstances where the executor is given power to sell the real estate by the testator. Also there are circumstances when the real estate may be sold by the executor, for example, if there are debts to pay. Speaking generally since you did not provide much detail, if it was NOT sold to pay debts of the estate you had the right to keep it and pay for it yourself if it was mortgaged. Especially if you are the sole heir.
Can an heir stop an executor from removing funds from the estate?
Once the debts of the estate have been paid and the costs of probating the estate have been paid the executor must make distribution.Once the debts of the estate have been paid and the costs of probating the estate have been paid the executor must make distribution.Once the debts of the estate have been paid and the costs of probating the estate have been paid the executor must make distribution.Once the debts of the estate have been paid and the costs of probating the estate have been paid the executor must make distribution.
Can an executor get paid for getting the house ready to sell painting cleaning etc?
Yes, an executor can be compensated for the work they perform in preparing a house for sale, such as painting and cleaning, as long as the estate's documents or state laws allow for it. These expenses may be considered reimbursable costs or part of the executor's fee, depending on the jurisdiction and the terms of the will. It's advisable for the executor to keep detailed records of all related expenses and to consult with an attorney to ensure compliance with legal requirements.
Is the executor of a will responsible to pay city and county taxes due on the property or should costs be split between heirs?
One of the duties of the executor is to pay the debts of the decedent. If those charges have been billed to the decedent the executor should pay them. If there is not enough cash in the estate to pay the heirs should divide the cost and pay if they wish to keep the property.One of the duties of the executor is to pay the debts of the decedent. If those charges have been billed to the decedent the executor should pay them. If there is not enough cash in the estate to pay the heirs should divide the cost and pay if they wish to keep the property.One of the duties of the executor is to pay the debts of the decedent. If those charges have been billed to the decedent the executor should pay them. If there is not enough cash in the estate to pay the heirs should divide the cost and pay if they wish to keep the property.One of the duties of the executor is to pay the debts of the decedent. If those charges have been billed to the decedent the executor should pay them. If there is not enough cash in the estate to pay the heirs should divide the cost and pay if they wish to keep the property.
Can an executor allow a house to be foreclosed on if there is no money in the estate to pay monthly mortgage?
Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.
